Closeup of four sets of hands of surgeons working on a patient with several instrumentsArizant Healthcare and 3M Company are facing a new product liability claim from a North Carolina woman, alleging the companies failed to warn her about the risk of Bair Hugger MSSA infection. The woman alleges she developed a Bair Hugger MSSA infection not long after her hip replacement surgery, which further compounded her medical condition.

Plaintiff Kathryn H. opted to file legal action against the pharmaceutical companies, alleging that they either knew or should have known of the risk of Bair Hugger MSSA infection. According to the Bair Hugger lawsuit, Kathryn underwent left hip replacement surgery with the Bair Hugger Forced Air Warming system used during the procedure.

The Bair Hugger Forced Air Warming system is a temperature control device that consists of a disposable blanket and a connecting hose that forcefully filtered warm air onto the patient. The blanket goes over the patient’s body during surgery, to help control body temperature while under anesthesia.

The Bair Hugger warming device has been around since 1988, and is supposed to help patients recover at a faster rate. This was allegedly not the case with Kathryn, as she allegedly developed a deep joint infection soon after her procedure.

According to the lawsuit, the bacterial pathogen was identified as an MSSA or MRSA, which colonize in the nose and on the skin. While these bacteria do not normally cause harm, MSSA bacteria can be potentially devastating if they come into contact with an open wound.

This also allegedly happened to Kathryn, who says she was diagnosed with Bair Hugger MSSA infection. Kathryn alleges she had to undergo a revision procedure on Feb. 19, 2015, with the hip implant needing to be removed. An antibiotic spacer was later implanted on Aug. 26, 2015, which was later removed several months later.

Kathryn says she is currently contending with the Bair Hugger MSSA infection, and chose to file legal action against Arizant and 3M Company for compensation.

Overview of Bair Hugger MSSA Infection

MRSA and MSSA bacteria infections are also called “staph” infections, and have been linked to numerous deep joint infections occurring soon after hip or knee replacement surgery.

Several studies have observed that MSSA bacterium could be coming into contact with the surgical sites through the Bair Hugger’s filtration process, which may be collecting air from non sterile areas. While the studies did not find any conclusive answers, the study did result in major concern for the medical community.

One of these studies was published in 2011 in the Journal of Bone & Joint Surgery, that stated that forced air warming system “disrupted” from the convection currents collection air from unclean areas. According to the study authors, this allows the bacterial cells to come into contact with the surgical site, potentially resulting in a Bair Hugger MSSA infection.

Patients who undergo surgery using this warming system should be wary of any signs or symptoms of Bair Hugger MSSA infection including:

  • Chills
  • Fever
  • Night Sweats
  • Fatigue
  • Swelling around Implant Site
  • Pain or Stiffness in Implant Area
  • Drainage of Surgical Site

Kathryn’s Bair Hugger lawsuit is joining MDL No. 2666, where it will stand alongside other claims also alleging Bair Hugger MSSA infection. Kathryn states she would not have agreed to use the device, if she had known the risk of Bair Hugger MSSA infection.

This Bair Hugger Lawsuit is Case No. 0:18-cv-00478-JNE-FLN, in the U.S. District Court of Minnesota.

In general, Bair Hugger lawsuits are filed individually by each plaintiff and are not class actions.

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